Following the death of a seven-year-old girl, after her vaccination and her mother’s appeal to the court, the Council of State decided that those who experience side effects or even worse die from the complications of a vaccine, will now be able to claim compensation, if of course, it is first proven that the health problem is due to the vaccine.
After a small number of side effects and deaths from coronavirusvaccines, enough of our fear of the effects and symptoms, at least legal insurance is on the table, with a serious compensation for us.
Following the death of a seven-year-old girl, with the triple vaccine of measles, mumps and rubella (MMRII trivalent vaccine) and the appeal of her mother to the court, the Council of the Territory decided that those who experience side effects or even worse die from the complications of a vaccine, not necessarily a vaccine Coroniowill now be able to claim compensation. The potential damage to health, as is self-evident, must be proven to be due to the vaccine. That is, there must be a causal link between the damage and the vaccine. Also the vaccination must be legal. Under these conditions alone, a citizen who has suffered damage to his health may take action against the State, seeking compensation on the basis of Articles 4, 5 and 25 of the Constitution, by analogy with the provisions of the Civil Code (Article 932).
Specifically, the announcement of the Council of the Territory states that,
“In the event of direct damage to the health of a person as a result of the constitutionally legitimate and legal vaccination (i.e. vaccination carried out for the purpose of protecting public health collectively and individually and provided for by specific legislation, adopting valid and scientifically documented, medical and epidemiological findings in the relevant field, with the possibility of exemption in special individual cases for which it is contraindicated), i.e. damage, not due to an unlawful interfering act or omission (such as the administration of a defective or inappropriate vaccine or defects in the performance of vaccination), arises directly from Article 4(4)(b) of the Directive. 5 in conjunction with Article 25(4) of the Constitution, the State’s responsibility to make reasonable reparation for the damage suffered by the victim, in the sense of compensation for both any material and, by analogy with Article 932 of the Civil Code, moral damage.
This is because, according to the State Counsel, “in these cases, the harm caused by the vaccination constitutes an excessive sacrifice for the victim (damage to health and insult to personality), for the sake of the interests of society as a whole”.
In fact, the CoE stresses that the “constitution and articles 19, 23, 24, 26 and 39 of the law ratified by Law No. 2101/1992, the International Convention on the Rights of the Child does not require the provision of a special compensation regime for cases of damage caused by vaccination” and the failure to provide for such a special regime does not constitute a legislative omission that may give rise to a claim for compensation under Article 105 of the Income Tax Code”.
